Filed: Sep. 03, 2014
Latest Update: Sep. 03, 2014
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES. SAMUEL CONTI, District Judge. STIPULATION WHEREAS, on January 31, 2014, Plaintiffs in the above captioned action filed a Consolidated Amended Complaint ("CAC") (Dkt. No. 52) 1 ; WHEREAS, pursuant to a stipulated briefing schedule, Defendants filed a Motion to Dismiss (Dkt. No. 60), which was set for hearing on August 22, 2014; WHEREAS, on June 16, 2014, Plaintiffs filed an Opposition to the Motio
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES. SAMUEL CONTI, District Judge. STIPULATION WHEREAS, on January 31, 2014, Plaintiffs in the above captioned action filed a Consolidated Amended Complaint ("CAC") (Dkt. No. 52) 1 ; WHEREAS, pursuant to a stipulated briefing schedule, Defendants filed a Motion to Dismiss (Dkt. No. 60), which was set for hearing on August 22, 2014; WHEREAS, on June 16, 2014, Plaintiffs filed an Opposition to the Motion..
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES.
SAMUEL CONTI, District Judge.
STIPULATION
WHEREAS, on January 31, 2014, Plaintiffs in the above captioned action filed a Consolidated Amended Complaint ("CAC") (Dkt. No. 52)1;
WHEREAS, pursuant to a stipulated briefing schedule, Defendants filed a Motion to Dismiss (Dkt. No. 60), which was set for hearing on August 22, 2014;
WHEREAS, on June 16, 2014, Plaintiffs filed an Opposition to the Motion to Dismiss (Dkt. No. 61) and, on July 21, 2014, Defendants filed a Reply (Dkt. No. 65);
WHEREAS, on August 20, 2014, the Court vacated the hearing on Defendants' Motion to Dismiss and stated that the Motion will be decided on the papers without oral argument (Dkt. No. 67);
WHEREAS, this matter is a class action under the federal securities laws and is subject to a stay of discovery under the Private Securities Litigation Reform Act of 1995. 15 U.S.C. §78u-4(b)(3)(B);
WHEREAS, a Case Management Conference is currently set for September 19, 2014;
WHEREAS, the parties agree that any case management conference in this matter would be premature and would not benefit the Court or the parties both because discovery is stayed and because Defendants' Motion to Dismiss is currently pending;
WHEREAS, the parties further agree that, for the same reasons, the selection of an ADR process under Civil Local Rule 16-8 and ADR Local Rule 3-5 would be premature and would not benefit the Court or the parties;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the parties, through their respective counsel, as follows:
1. The September 19, 2014 Case Management Conference shall be taken off calendar, to be rescheduled after the Court issues an Order on Defendants' pending Motion to Dismiss.
2. The deadline for the filing of the ADR Certification and the Stipulation to ADR Process or Notice of Need for ADR Phone Conference shall be extended to 21 days before the continued Case Management Conference, if any.
IT IS SO STIPULATED.
ORDER
Pursuant to the stipulation of the parties, the September 19, 2014 Case Management continued to Friday, December 12, 2014, at 10:00 AM. A joint case management Conference is statement shall be due no later than December 5, 2014.
Further, the deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing of the ADR Certification and the Stipulation to ADR Process or Notice of Need for ADR Phone Conference is hereby extended to 21 days before the continued Case Management Conference, if any.
IT IS SO ORDERED.
